§ 31.40 TOWN MANAGER.
   (A)   Office created. The Office of the Town Manager is hereby created and established. The Town Manager shall be appointed by the Council wholly on the basis of administrative and executive ability and qualifications and shall hold office for and at the pleasure of the Council.
   (B)   Bond. The Town Manager shall furnish a corporate surety bond to be approved by the Council in a sum as may be determined by the Council, and shall be conditioned upon the faithful performance of the duties imposed upon the Manager as herein prescribed. Any premium for the bond shall be a proper charge against the town.
   (C)   Compensation. The Manager shall receive compensation as the Council shall fix from time to time.
   (D)   Removal procedure. The Manager may be removed from office by a majority vote of the Council, with or without cause. If the removal is for cause and if requested, the Council shall grant the individual a public hearing within 30 days following notice of removal. If the removal is without cause, it shall become operative 30 days from the date of the notice of removal. During the interim, the Council may suspend the Manager from duty but shall continue his or her salary for three months following the removal date; provided, however, that the Manager shall have been in the service of the town for at least one calendar year.
   (E)   Powers and duties. The Town Manager shall be the administrative head of the town government under the direction and control of the Council, except as otherwise provided in this chapter. The Manager shall be responsible to the Council for the proper administration of all affairs of the town. In addition to the Manager’s general powers as administrative head and not as a limitation thereof, it shall be the duty of the Manager and he or she shall have the powers set forth in the following divisions:
      (1)   Appoint and, when necessary for the good of the town, suspend or remove all officers and employees of the town not appointed by the Council. He or she may authorize the head of a department or office to appoint, suspend or remove subordinates in the office or department;
      (2)   Prepare the budget annually and submit it to the Council together with a message describing the important features and be responsible for its administration after adoption;
      (3)   Prepare and submit to the Council at the end of each fiscal year a complete report on the finances and administrative activities of the town during the preceding year;
      (4)   Keep the Council advised of the financial condition and future needs of the town and make recommendations as he or she may deem desirable;
      (5)   Recommend to the Council a standard schedule of pay for each position in the town service, including minimum and maximum rates, and determine employee compensation according to that standard schedule of pay. Authorize the payment of overtime pay for employees as may work in excess of a normal work period. These rates of pay and periods of work shall be in conformity with wages and salaries enacted by the Council;
      (6)   Recommend to the Council from time to time adoption of any measures which he or she may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of administrative services;
      (7)   Attend all meetings of the Council unless excused therefrom and take part in the discussion of all matters coming before the Council. He or she shall be entitled to notice of all regular and special meetings of the Council;
      (8)   See that all laws and ordinances are duly enforced;
      (9)   Investigate the affairs of the town and any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the town government and in regard to service maintained by the public utilities in the town, and see that all franchises, permits and privileges granted by the town are faithfully observed; and
      (10)   Perform any other duties as may be required by the Council, not inconsistent with state law or town ordinances.
   (F)   Council not to interfere with appointments or removals. With regard to officers and employees appointed by the Manager, neither the Council nor any of its members shall direct or request the appointment of any person to, or his or her removal or suspension from that office by the Manager or any of his or her subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative services of the town. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Manager.
(1991 Code, § 3-2-1)